oneok et al learjet et argued january decided april respondents group manufacturers hospitals institutions buy natural gas directly interstate pipelines sued petitioner interstate pipelines claiming pipelines engaged behavior violated state antitrust laws particular respondents alleged petitioners reported false information indices respondents contracts based indices affected retail prices also wholesale prices removing cases federal petitioner pipelines sought summary judgment ground natural gas act respondents claims act gives federal energy regulatory commission ferc authority determine whether rates charged companies practices affecting rates unreasonable also limits ferc jurisdiction transportation natural gas interstate commerce sale interstate commerce natural gas resale companies engaged transportation sale act leaves regulation portions industry retail sales ibid district granted petitioners motion summary judgment reasoning petitioners challenged practices directly affected wholesale well retail prices act ninth circuit reversed acknowledging pipelines index manipulation increased wholesale prices well retail prices held claims aimed obtaining damages excessively high retail prices held respondents antitrust claims within field matters natural gas act pp act drawn meticulous regard continued exercise state power panhandle eastern pipe line public serv practice affects nonjurisdictional well jurisdictional sales found detailed examination convincingly demonstrates matter falls within field defined precedents precedents emphasize importance considering target claims aim see northern natural gas state corporation northwest central pipeline state corporation respondents claims aimed practices affecting retail prices matter firmly side dividing line schneidewind anr pipeline contrary opinion explains act traditional state regulation blue sky laws antitrust laws like blue sky laws aimed companies particular rather businesses marketplace broad applicability state antitrust laws supports finding fact long provided statutory remedies monopolies unfair business practices california arc america noted earlier act circumscribes ferc powers preserves traditional areas state authority pp neither mississippi power light mississippi ex rel moore fpc louisiana power light supports petitioners position mississippi power best read conflict case field case event state inquiry mississippi power directed jurisdictional sales way respondents state antitrust suits louisiana power also conflict case thus significantly help petitioners field argument pp parties argued conflict questions involving conflicts state antitrust proceedings federal process left lower courts resolve first instance pp petitioners government argue defer ferc determination field bars respondents claims fail point specific ferc determination state antitrust claims fall within field natural gas act thus need consider legal effect determination might affirmed breyer delivered opinion kennedy ginsburg alito sotomayor kagan joined thomas joined part thomas filed opinion concurring part concurring judgment scalia filed dissenting opinion roberts joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press oneok et al petitioners learjet et al writ certiorari appeals ninth circuit april justice breyer delivered opinion case group manufacturers hospitals institutions buy natural gas directly interstate pipelines sued pipelines claiming engaged behavior violated state antitrust laws pipelines behavior affected federally regulated wholesale prices nonfederally regulated retail prices question whether federal natural gas act lawsuits said passing act congress occupied field matters relating wholesale sales transportation natural gas interstate commerce schneidewind anr pipeline nevertheless reasons given conclude act antitrust suits issue supremacy clause provides laws well treaties constitution shall law land thing constitution laws state contrary notwithstanding art vi cl congress may consequently invalidate state law federal legislation may express language statute even statute refer expressly congress may implicitly state law rule state action see sprietsma mercury marine may either field conflict former congress may intended foreclose state regulation area irrespective whether state law consistent inconsistent federal standards arizona slip emphasis added situations congress forbidden state take action field federal statute contrast conflict exists compliance state federal law impossible state law obstacle accomplishment execution full purposes objectives congress california arc america either situation federal law must prevail one claims relevant federal statute expressly state antitrust lawsuits parties argued length state suits conflict federal law rather interstate pipeline companies petitioners argue congress implicitly field matters relating wholesale sales transportation natural gas interstate commerce brief petitioners quoting schneidewind supra emphasis added contend state antitrust claims advanced customers respondents fall within field supporting pipelines argues similarly see brief amicus curiae since parties argued case almost exclusively terms field consider field question federal regulation industry began time industry divided three segments see regulation natural gas industry mogel ed hereinafter mogel general motors tracy first producers sunk wells large oil gas fields permian basin texas new mexico gathered gas brought transportation points left interstate gas pipelines transport gas distant markets second interstate pipelines shipped gas field cities towns across nation third local gas distributors bought gas interstate pipelines resold business residential customers within localities originally regulated three segments industry see mogel early century held commerce clause forbids regulate second part business interstate shipment sale gas local distributors resale see public util attleboro steam elec missouri ex rel barrett kansas natural gas holdings left regulatory gap congress enacted natural gas act stat fill see phillips petroleum wisconsin citing act gives authority federal energy regulatory commission ferc formerly federal power commission fpc authority allows ferc determine whether rate charge classification collected company connection transportation sale natural gas subject jurisdiction ferc rule regulation practice contract affecting rate charge classification unjust unreasonable unduly discriminatory preferential emphasis added italicized words make clear limits scope ferc authority activities connection transportation sale natural gas subject jurisdiction commission ibid emphasis added act limits ferc jurisdiction transportation natural gas interstate commerce sale interstate commerce natural gas resale companies engaged transportation sale act leaves regulation portions industry production local distribution facilities direct sales see northwest central pipeline state corporation section act expressly provides retain jurisdiction intrastate transportation local distribution distribution facilities production gathering natural simplify discussion shall describe firms engage interstate transportation jurisdictional sellers interstate pipelines though various brokers others may also fall within act jurisdictional scope similarly shall refer sales ferc jurisdiction jurisdictional sales wholesale sales regulation roughly tracked industry model described interstate pipelines typically buy gas field producers resell local distribution companies resale see tracy supra ferc fpc acting authority natural gas act set interstate pipeline wholesale rates using classical ratemaking methods see public serv gas ferc determine pipeline revenue requirement calculating costs providing services including operating maintenance expenses depreciation expenses taxes reasonable profit see ferc rates manual june ferc set wholesale rates level designed meet pipeline revenue requirement deregulation industry however brought changes ferc approach held natural gas act required regulation prices interstate pipelines buying end prices field producers sold natural gas interstate pipelines phillips petroleum supra many congress thought efforts regulate field prices jeopardized supplies industry already dependent caprice nature fpc hope natural gas opinion jackson see recognizing wealth midas wit man produce natural gas field hoping avoid future shortages congress enacted forms field price deregulation designed rely upon competition rather regulation keep field prices low see natural gas policy act stat codified part et seq phasing regulation wellhead prices charged producers natural gas natural gas wellhead decontrol act stat removing price controls wellhead sales january ferc promulgated new regulations designed process deregulation see regulation natural gas pipelines partial wellhead decontrol fed reg allowing open access pipelines consumers pay ship gas important ferc adopted approach relied competitive marketplace rather classical regulatory main mechanism keeping wholesale rates reasonable level order issued allowed ferc issue blanket certificates permitted jurisdictional sellers typically interstate pipelines charge rates gas provided ferc first determined sellers lacked market power see fed reg issuance order ferc oversight market largely consisted ex ante examinations jurisdictional sellers market power availability complaint process see brief amicus curiae new system also led many large gas consumers industrial commercial users buy gas directly gas producers arrange often pay separately transportation field place consumption see tracy insofar interstate pipelines sold gas consumers sold direct consumption rather resale system setting interstate pipeline rates turned less perfect interstate pipelines distributing companies many customers bought directly pipelines found rely privately published price indices determine appropriate prices contracts indices listed prices natural gas sold different presumably competitive markets across country information indices based voluntarily reported traders ferc found indices inaccurate part much information traders reported false see ferc final report price manipulation western markets mar app ferc found false reporting involved inflating volume trades omitting trades adjusting price trades sometimes reported information simply fabricated times information reported reflected wash trades prearranged pair trades good parties involving economic risk net change beneficial ownership ferc concluded efforts manipulate price indices compiled trade publications helped raise extraordinary levels prices jurisdictional sales interstate pipeline sales resale nonjurisdictional direct sales ultimate consumers issuing final report price manipulation western markets ferc issued code conduct code amended blanket certificates prohibit jurisdictional sellers engaging actions without legitimate business purpose manipulate attempt manipulate market conditions including wash trades collusion fed reg code also required jurisdictional companies provided information index publishers provide accurate factual information knowingly submit false misleading information omit material information publisher time ferc issued policy statement setting forth minimum standards creation publication energy price index reporting transaction data index developers price discovery natural gas elec markets ferc pp finally ferc finding certain jurisdictional sellers engaged wash trading resulted manipulation prices terminated sellers blanket marketing certificates enron power marketing ferc congress also took steps address problems particular passed energy policy act stat gives ferc authority issue rules regulations prevent manipulative deceptive device contrivance entity connection purchase sale natural gas purchase sale transportation services subject jurisdiction ferc turn cases us respondents said bought large quantities natural gas directly interstate pipelines consumption believe overpaid transactions due interstate pipelines manipulation indices based belief filed antitrust suits petitioners state federal courts see app alleging violations stat see also app alleging violations kansas restraint trade act stat ann et seq app alleging violations missouri antitrust law mo rev stat pipelines removed state cases federal consolidated sent pretrial proceedings federal district district nevada see pipelines moved summary judgment ground natural gas act respondents antitrust claims district granted motion concluded pipelines jurisdictional sellers natural gas companies engaged transportation natural gas interstate commerce order july pp held respondents claims aimed sellers alleged practices false price reporting wash trades anticompetitive collusive behavior practices affected nonjurisdictional prices also directly affect ed jurisdictional wholesale rates ninth circuit reversed emphasized respondents complained affected jurisdictional wholesale sales also nonjurisdictional retail sales construed natural gas act scope narrowly light congress intent manifested act preserve authority regulate nonjurisdictional sales held act claims aimed obtaining damages excessively high retail prices stemming interstate pipelines price manipulation even manipulation raised wholesale rates well see western wholesale natural gas antitrust litigation pipelines sought certiorari asked us resolve confusion lower courts whether natural gas act retail customers state antitrust law challenges practices also affect wholesale rates compare leggett duke energy granted petition ii petitioners supported argue customers state antitrust lawsuits within field natural gas act see brief petitioners citing schneidewind brief amicus curiae point respondents antitrust claims target anticompetitive activities affected wholesale well retail rates see brief petitioners add natural gas act expressly grants ferc authority keep wholesale rates reasonable levels see ibid citing exercising authority ferc prohibited kind anticompetitive conduct state actions attack see part supra petitioners contend letting actions proceed permit state antitrust courts reach conclusions conduct differ ferc might reach already reached accordingly petitioners argue respondents antitrust suits fall within field petitioners arguments forceful accept conclusion repeatedly stressed natural gas act drawn meticulous regard continued exercise state power handicap dilute way panhandle eastern pipe line public serv see also northwest central legislative history act replete assurances act nothing state regulatory quoting cong rec accordingly state law applied nonjurisdictional well jurisdictional sales must proceed cautiously finding detailed examination convinces us matter falls within field defined precedents see panhandle eastern supra interstate natural gas fpc precedents emphasize importance considering target state law aims determining whether law example northern natural gas state corporation said consistently recognized significant distinction purposes context distinction measures aimed directly interstate purchasers wholesales resale aimed subjects left regulate emphasis added northwest central found natural gas act state regulation concerning timing gas production gas field within state even though regulation might affected costs prices interstate wholesale sales jurisdictional sales reaching conclusion explained state regulation aimed primarily protect ing producers rights matter firmly side dividing line ibid contrasted state regulation state orders issue northern natural invade federal agency exclusive domain precisely unambiguously directed purchasers quoting northern natural supra emphasis added lawsuits directed practices affecting retail firmly side dividing line petitioners argue schneidewind constitutes contrary authority case found state law required public utilities interstate pipelines crossing state obtain state approval issuing securities thought state securities regulation aimed directly interstate pipelines wrote state law designed keep natural gas company raising equity levels certain point order keep company revenue requirement low thereby ensuring lower wholesale rates indeed expressly said state law directed control rates facilities natural gas companies precisely things ferc comprehensive authority emphasis added dissent rejects notion proper test purposes natural gas context whether challenged measures aimed directly interstate purchasers wholesales resale northern natural supra argues approach unprecedented focus state seeks regulate state seeks regulate post opinion scalia target cases refer must mean physical activity state regulates single physical action reporting price specialized journal subject many different laws including tax laws disclosure laws others repeat point made one claim ferc regulation physical activity purposes wholesale rates forecloses every form state regulation affects rates indeed although dissent argues schneidwind created definitive test natural gas context turns whether matter state asserts right act way regulated federal act post quoting schneidewind mean statement absolute test goes explain natural gas act traditional state regulation state blue sky laws course raise wholesale well retail investment costs antitrust laws like blue sky laws aimed companies particular rather businesses marketplace see ibid far broader application example regulations issue northern natural applied entities buying gas fields within state see contra post stating northern natural concerned background market conditions broad applicability state antitrust law supports finding petitioners dissent argue clear division areas state federal authority regulation see brief petitioners post platonic ideal describe natural gas regulatory world suppose ferc setting wholesale rates former days denied cost recovery pipelines failure recycle fact deny power enact apply recycling laws state laws might well raise pipelines operating costs thus costs wholesale natural gas transportation northwest central said find field state regulation merely purchasers costs hence rates might affected largely nullify dissent barely mentions limitations ferc powers enumeration ferc powers circumscribed reference back limitations see post explained see part supra limits key understanding careful balance federal state regulation congress struck passed natural gas act act drawn meticulous regard continued exercise state power handicap dilute way panhandle eastern contra post long history providing statutory remedies monopolies unfair business practices arc america see also watson buck noting power regulate combinations restraint trade respondents antitrust suits relied well established state power petitioners point two cases believe support position first mississippi power light mississippi ex rel moore held federal power act gives ferc authority determine whether rates charged public utilities electric energy sales reasonable state inquiry reasonableness prices sale nuclear power wholesalers electricity led higher retail electricity rates petitioners argue case shows state regulation similar sales pipeline direct consumer must also see reply brief mississippi power however best read conflict case field case see state agency regulate commerce must fall conflict interfere federal authority quoting chicago north western transp kalo brick tile regardless state inquiry mississippi power directed jurisdictional sales way respondents state antitrust lawsuits mississippi inquiry reasonableness purchases effectively attempt regulate areas ferc properly exercised jurisdiction determine reasonable wholesale rates contrast respondents state antitrust lawsuits seek challenge reasonableness rates expressly approved ferc rather seek challenge background marketplace conditions affected jurisdictional nonjurisdictional rates petitioners additionally point fpc louisiana power light case held federal law gave fpc authority allocate natural gas shortages ordering interstate pipelines curtail gas deliveries customers including retail customers latter fact pipelines argue shows ferc authority regulate index manipulation insofar manipulation affects retail well wholesale sales brief petitioners accordingly contend state laws aim subject argument however makes much little finding louisiana power rested belief state laws question flicted federal law concluded fpc authority effect orderly curtailment plans involving direct sales sales resale otherwise unavoidable conflict state regulation direct sales uniform federal regulation natural gas act foresees conflict may course invalidate state law even though field petitioners argued case conflict case louisiana power offer significant help extent conflicts arise state antitrust law proceedings federal process doctrine conflict prove sufficient address noted see part supra parties argued conflict see also tr oral arg solicitor general agrees analyzed case conflict preemption regime consequently leave conflict questions lower courts resolve first instance note petitioners solicitor general argued defer ferc determination field bars respondents claims see brief petitioners citing arlington fcc slip brief amicus curiae pointed specific ferc determination state antitrust claims fall within field natural gas act rather point fact ferc promulgated detailed rules governing manipulation price indices determination ferc regulation field respondents antitrust suits fall need consider legal effect determination might conclude detailed federal regulations offset considerations weigh finding context reasons judgment appeals ninth circuit affirmed ordered opinion thomas oneok et al petitioners learjet et al writ certiorari appeals ninth circuit april justice thomas concurring part concurring judgment agree much majority application precedents governing natural gas act write separately reiterate view implied doctrines wander far statutory text inconsistent constitution wyeth levine thomas concurring judgment supremacy clause constitution gives status federal laws quoting art vi cl made pursuance constitution law must fall within one congress enumerated powers promulgated accordance lawmaking procedures set forth document supremacy clause thus requires effect given federal standards policies set forth necessarily follow statutory text produced constitutionally required bicameral presentment procedures light constitutional requirement doubts legitimacy precedents concerning scope natural gas act see northern natural gas state corporation defining field light objective act neither party however asked us overrule longstanding precedents overcome presumption stare decisis attaches kurns railroad friction products slip even precedents challenged state antitrust laws fall outside field today avoids extending earlier questionable precedents concur judgment join part opinion scalia dissenting oneok et al petitioners learjet et al writ certiorari appeals ninth circuit april justice scalia chief justice joins dissenting natural gas act divides responsibility trade natural gas federal state regulators act cases interpreting draw firm line national local authority trade federal government may regulate subject may today smudges line holds may use antitrust laws regulate practices already regulated federal energy regulatory commission whenever considerations weigh finding ante approach preemption basis act contradicts cases prove unworkable practice trade natural gas consists three parts drilling company collects gas earth pipeline company carries gas destination sells wholesale local distributor local distributor sells gas retail industries households see ante natural gas act empowers commission regulate middle journey interstate transportation wholesale sales et seq empower commission regulate opening closing phases production one end retail sales thus leaving matters like simplicity sake call sales controlled commission wholesale sales companies controlled commission pipelines see ante years ago concluded act confers exclusive jurisdiction upon federal regulatory agency public util ohio fuel gas thought clear act contemplates harmonious dual system regulation natural gas industry federal state regulatory bodies operating side side active sphere without confusion functions drew inference law purpose legislative history though easily relied law terms structure act grants commission wide range powers wholesale sales transportation qualifies powers reservations state authority subject see concurrent authority recordkeeping concurrent authority depreciation amortization rates congress decision include express reservations state power alongside grants authority omit alongside grants authority suggests grants exclusive right wrong event inference exclusivity settled beyond debate fuel rejected state regulation wholesale rates later holdings establish act makes exclusive commission powers general power particular set aside state laws even purport fix wholesale rates regulating matter already subject regulation commission see northern natural gas state corporation state regulation pipelines gas purchases preempted invade exclusive jurisdiction natural gas act conferred upon commission exxon eagerton state law prohibiting producers passing production taxes preempted trespasse upon ferc authority schneidewind anr pipeline state securities regulation directly affecting wholesale rates gas transportation facilities preempted regulates matters congress intended ferc regulate test preemption setting confirmed whether matter state asserts right act way regulated federal act straightforward application precedents make short work case hand natural gas act empowers commission regulate practice affecting wholesale rate nothing act suggests share power regulate practices commission reasonably determined power allows regulate behavior involved case pipelines use sham trades false reports manipulate gas price indices commission exclusive authority extends conduct challenged state antitrust regulation conduct preempted ii agrees commission may regulate index manipulation upholds state antitrust regulation practice anyway account considerations weigh finding context ante unprecedented decision identify single case one sustained state regulation behavior already regulated commission justifications novel approach persuade begins considering target state law aims ante reasons case involves practice affects wholesale retail rates act tolerates state regulation takes aim practice effects ibid analysis misunderstands natural gas act divides responsibilities national local regulators act give commission power aim particular effects gives power regulate particular activities commission regulates activities may consider effects parts gas trade wholesale sales may example set wholesale rates aim encouraging producers conserve gas supplies even though production activity see colorado interstate gas fpc jackson concurring may regulate wholesale sales eye toward blunting sales anticompetitive effects retail market even though retail prices controlled see fpc conway ad hoc partition authority index manipulation leaving commission control practice consequences wholesale sales allowing target consequences retail sales thus clashes design act justify fixation aims stresses case involves regulation background marketplace conditions rather regulation wholesale rates sales ante natural gas act empowers commission regulate wholesale rates background practices affecting rates grants powers clause whenever commission find wholesale rate charge classification rule regulation practice contract affecting rate charge classification unjust unreasonable commission shall determine reasonable rate charge classification rule regulation practice contract thereafter observed emphasis added nothing provision matter nothing act suggests federal authority practices power somehow less exclusive authority rates persists background conditions case affect wholesale retail sales ante observation adds atmosphere nothing concedes index manipulation dual effect weaken commission power regulate ante seen simultaneous effect strengthen claims unusual activity controlled commission effects field production wholesale retail interdependent stages single trade never suggested rules field preemption change situations example producers ability pass production taxes pipelines doubt affects producers pipelines yet trouble concluding state law restricting producers ability pass taxes impermissibly attempted manage matter within sphere ferc regulatory authority exxon supra approach makes snarl precedents northern natural held act preempts state regulations requiring pipelines buy gas ratably gas wells regulations case shared principal features emphasized today governed background market conditions wholesale prices background conditions question pipelines purchases gas wells affected federal field wholesale sales state field gas production regulations took aim purchases effects production sought promote conservation natural resources limiting much gas pipelines take well matter still concluded regulations invade federal agency exclusive domain factors made difference northern natural make difference today contrast northern natural northwest central pipeline state corporation involved state regulations restricted times producers take gas wells occasion upheld regulations law aimed objective gas conservation state pursued end regulating physical ac drawing gas earth precedents demand words focus present case upon state seeks regulate pipeline practice subject regulation commission state seeks regulate curb practice effects retail rates trying turn liabilities assets brandishes statements northern natural northwest central view discuss state law aimed directed ante read context statements refer entity activity state law regulates activity effects law seeks control regulating see northern natural supra ur cases consistently recognized significant distinction conservation measures aimed directly interstate purchasers wholesales aimed producers production northwest central supra regulation directed behavior gas producers lawsuits hand target pipelines entities regulated commission manipulation indices behavior regulated commission sufficed establish preemption also tallies several features state antitrust law believes weigh preemption ante seems forgotten precedents said meant draw bright line easily ascertained state federal gas trade nantahala power light thornburg quoting fpc southern cal edison decisions therefore theory endorsed today boundary national local authority turns analysis impact state regulation upon national interest ibid state antitrust law begins applies businesses marketplace rather companies particular ante principle preemption jurisprudence distinguishes particularized state laws state laws general applicability never suggested example state may use general laws fix wholesale rates general laws unfair trade practices control wholesale contracts general laws administer interstate pipelines event chosen worse setting attempt distinction general particular laws like federal counterpart state antitrust laws tend use rule reason judge lawfulness challenged practices legal aspects buying selling zeidman ed amorphous standard requires reviewing consider variety factors including specific information relevant business condition restraint imposed restraint history nature effect state oil khan far authorizing application uniform requirement therefore decision invite state antitrust courts engage targeted regulation industry also stresses state antitrust regulation ante quite beside point long regulated public utilities yet natural gas act precludes using established power fix gas wholesale prices fuel also long enacted laws conserve natural resources yet act precludes deploying power control purchases made gas pipelines northern natural invocation pedigree state antitrust law rests air one need launch unbounded inquiry features state law order preserve authority apply tax laws disclosure laws blue sky laws companies ante one need stand principle commission authority subject lack authority subject commission authority regulate gas pipelines public interest power address matters traditionally concern utility regulators broad license promote general public welfare naacp fpc explained commission example power superintend employment discrimination unfair labor practices act preempt state employment discrimination labor laws commission power consider say conservation environmental antitrust questions emphasis added act preempt state antitrust laws bottom decision turns perception natural gas act drawn meticulous regard continued exercise state power ante doubt act protects state authority variety ways gives commission authority parts gas trade establishes procedures commission may consult collaborate share information even provides commission may regulate practices affecting wholesale rates upon motion upon complaint state emphasis added gone without saying however law pursues purposes costs nothing act nothing cases suggests congress protected state power way imagined today decision licensing state sorties commission domain whenever judges conclude incursion disruptive preoccupation purpose preserving state authority inexpiable act purpose act also competing purposes important promoting uniformity regulation northern natural supra decision impairs objective today interstate pipelines knew practices relating price indices comply one set regulations promulgated commission however pipelines ensure behavior conforms discordant regulations accurately discordant verdicts untold state antitrust juries reassurance pipelines may still invoke conflict preemption see ante provides little comfort front conflict preemption resolve discrepancies state federal regulations discrepancies among differing state regulations today opinion subjects industry natural gas act designed produce harmonious comprehensive regulation industry neither state federal regulatory body encroach upon jurisdiction fpc panhandle eastern pipe line omitted today however allows encroach worse still leaves pipelines guessing allowed encroach may aim retail rates laws share none features antitrust law advertised today laws share features may apply antitrust laws pipelines without aiming retail rates start knows considerations weigh finding remain unearthed future cases test make stable background carry natural gas trade stand principled workable line traced precedents commission may regulate practices alleged case therefore may respectfully dissent